Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Qadir v Minister for Immigration & Multicultural Affairs [1999] FCA 620 MIGRATION – citizen of Pakistan – member of Ahmadi sect – fear of persecution – application for review of decision of RRT refusing application for refugee status – refusal by Tribunal to grant an application for adjournment of its hearing – whether Tribunal failed to act in accordance with substantial justice and the merits of the case in relation to the application for adjournment – whether the Tribunal gave a true or bona fide consideration of the application for adjournment
Migration Act 1958 (Cth)
Sali v SPC [1993] 116 ALR 625 cited Sun Zhan Qui v Minister for Immigration & Ethnic Affairs [1997] 151 ALR 505 followed Nguyen Do Vinh v Minister for Immigration and Ethnic Affairs (unreported Full Court of the Federal Court, 16 October 1997) cited
MUHAMMAD QADIR V MINISTER FOR IMMIGRATION & MULTICUTURAL AFFAIRS NG 593 OF 1998
THE HON JUSTICE MARCUS EINFELD AO SYDNEY 11 MAY 1999
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 593 OF 1998
BETWEEN: MUHAMMAD QADIR
Applicant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
Respondent
JUDGE: THE HON JUSTICE MARCUS EINFELD AO
DATE OF ORDER: 11 MAY 1999
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. the determination of the Tribunal be set aside 2. the matter be remitted to a differently constituted Tribunal for a new hearing on the merits 3. the respondent pay the applicant's costs Note: Settlement and entry of orders are dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 593 OF 1998
BETWEEN: MUHAMMAD QADIR
Applicant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
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